Privy Council
The Privy Council had been New Zealand’s final appeal court for 160 years till the enactment of Supreme Court Act 2003. It appears an inevitable trend as Canada and Australia already had abolished appeals to the Privy Council, New Zealand was the last major Commonwealth country to do so since the arose of national legal identity. This essay will discuss why the decision of abolition the right of appeal to the Privy Council was controversial because New Zealand is so unique due to the Treaty of Waitangi and its geographical character, which result in dispute about Maori rights, legal autonomy, judge selection, 2 tier of appeal court and cost to appeal. Apart from that,explain how the Privy Council still has a significant influence in the New Zealand legal system today.
To begin with,Compared to other Commonwealth countries, New Zealand is distinguished by the Treaty of Waitangi signed between Maori and the Crown in 1840. Thus Maori believe the Privy Council gave them direct access to the Crown for claiming their rights under the Treaty of Waitangi. On the other hand, it is controversial whether the Privy Council performed good enough to promote the treaty’s involvement as a constitutional document. For instance, in Te Heuheu Tukino v Aotea District Maori Land Board, The Privy Council ruled that any right purporting to be conferred by the Treaty of Waitangi was invalid unless incorporated into New Zealand statutes. On the contrary, Ngai Tahu Maori Trust Board v Director-General of Conservation, Court of Appeal Wellington approved the appeal and entitled the appealant to remedies sought by virtue of the Treaty of Waitangi. So it is unknown that keeping appeal to the Privy Council protect Maori’s interests or not.
Secondly,Some argue that the right of appeal to the Privy Council would help to promote consistency in the common law of the commonwealth countries. With regard to legal autonomy, Even the final appeal court is the Privy Council but each country still
To begin with,Compared to other Commonwealth countries, New Zealand is distinguished by the Treaty of Waitangi signed between Maori and the Crown in 1840. Thus Maori believe the Privy Council gave them direct access to the Crown for claiming their rights under the Treaty of Waitangi. On the other hand, it is controversial whether the Privy Council performed good enough to promote the treaty’s involvement as a constitutional document. For instance, in Te Heuheu Tukino v Aotea District Maori Land Board, The Privy Council ruled that any right purporting to be conferred by the Treaty of Waitangi was invalid unless incorporated into New Zealand statutes. On the contrary, Ngai Tahu Maori Trust Board v Director-General of Conservation, Court of Appeal Wellington approved the appeal and entitled the appealant to remedies sought by virtue of the Treaty of Waitangi. So it is unknown that keeping appeal to the Privy Council protect Maori’s interests or not.
Secondly,Some argue that the right of appeal to the Privy Council would help to promote consistency in the common law of the commonwealth countries. With regard to legal autonomy, Even the final appeal court is the Privy Council but each country still